French v Groupama Insurance Company Ltd

French v Groupama Insurance Company Ltd

Groupama's offer did not meet the requirements for a Part 36 or quasi-Part 36 offer, was privileged when made, and only became admissible after judgment by agreement. The judge erred in applying Stokes and treating the offer as open. Fairness under Part 44 requires no order as to costs, except that Groupama should pay Miss French's costs up to 21 days after the February 2007 offer.

Parties
Claimant / Appellant: Heather French; Defendant / Respondent: Groupama Insurance Company Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Costs
Outcome
Appeal allowed
Legal Topics
Costs, Settlement Offers, CPR Part 36, Privilege, Litigant in Person
Civil Procedure Contract Law Costs Settlement Offers CPR Part 36 Privilege Litigant in Person

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Parties

Heather French

Claimant / Appellant

Groupama Insurance Company Ltd

Defendant / Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Costs

Legal Issues

  1. 1 How should a pre-litigation offer to settle be treated in light of CPR Part 36 and relevant case law?
  2. 2 Was Groupama's offer privileged or open?
  3. 3 Should costs consequences under Part 36 apply to Groupama's offer?

Ratio Decidendi

Groupama's offer did not meet the requirements for a Part 36 or quasi-Part 36 offer, was privileged when made, and only became admissible after judgment by agreement. The judge erred in applying Stokes and treating the offer as open. Fairness under Part 44 requires no order as to costs, except that Groupama should pay Miss French's costs up to 21 days after the February 2007 offer.

Court Disposition

Appeal allowed

Orders

  • Judge's order that Miss French pay all Groupama's costs quashed
  • No order as to costs except Groupama to pay Miss French's costs up to 8 March 2007